February 23, 2007 (PLANSPONSOR.com) - The Wisconsin
Supreme Court said it would decide if municipalities can
intervene in a case between the state and state employees
over the state's refusal to extend health benefits to
domestic partners, the Associated Press reported.

The employees sued the state in 2005, contending that
the state’s denial of benefits for domestic partners of
employees violates the equal protection clause of the
constitution, the wire service reported.

The municipalities, represented by the First Freedoms
Foundation, say they should be able to intervene in the
case because they could sustain a substantial financial
blow if the state loses. They are hoping to overturn a
September appeals court decision that said the Department
of Justice was adequately handling the case, and that the
Legislature nor the municipalities needed to weigh in.

State Attorney General Peg Lautenschlager issued an
advisory opinion in December 2006 that said the state’s
ban on same-sex marriage shows that “neither the
Legislature nor the people intended to invalidate domestic
partnerships when they adopted the provision,” and
that the ban does not mean employers should stop providing
domestic partner benefits (See
WI Ban on Gay Marriage Does not Stop
Partner Benefits
).

According to the AP, Governor Jim Doyle is pushing to
change the state law to provide benefits for state
employees’ same- and opposite-sex partners, which, if
passed, would nullify the suit.